Legal Blog

Limitations

Berta v. Arcor Windows & Doors Inc., 2016 Ont SCJ

Home owners purchased new windows under warranty. The windows leaked. The contractor attempted repairs, but was unsuccessful. In March 2012, the owners wrote a fire breathing letter insisting on full replacement of all windows and repair of the interior damaged by the water escaping from the windows. For the next 15 months, the contractor made extensive repairs over 5 visits, all for naught. The owners commenced their action in December 2014. The judge held that the action was barred by the Limitations Act in March 2014. The Limitations Act states that a claim is discovered when, having regard to the damages, the owners would know that an action would be an (not the) appropriate means to remedy the damage. The owners knew that in March 2012 when they threatened to bring an action if the windows were not replaced.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.